72nd Legislative Session -- 1997

Committee: Senate Transportation

Thursday, February 6, 1997

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P      Staggers, Chair
P      Shoener, Vice-Chair
P      Albers
P      Vitter
P      Flowers
P      Hutmacher
P      Lange


OTHERS PRESENT: See Original Minutes

The meeting was called to order by Senator Stagers


MOTION:      TO APPROVE THE MINUTES OF FEBRUARY 4, 1997

Moved by:      Senator Shoener
Second by:      Senator Vitter
Action:      Prevailed by voice vote.

          SB 183:   to permit a county to designate minimum maintenance roads.

Presented by:      Senator Rounds

MOTION:      DO PASS SB 183

Moved by:      Senator Shoener
Second by:      Senator Vitter
Action:      Prevailed by roll call vote.   (6-0-1-0)

Voting yes:      Staggers, Shoener, Albers, Vitter, Flowers, Hutmacher

Excused:      Lange

MOTION:      PLACE SB 183 ON CONSENT

Moved by:      Senator Shoener
Second by:      Senator Flowers
Action:      Prevailed by voice vote.

MOTION:      RECONSIDER SB 175

Moved by:      Senator Shoener
Second by:      Senator Vitter
Action:      Prevailed by roll call vote.   (7-0-0-0)

Voting yes:      Staggers, Shoener, Albers, Vitter, Flowers, Hutmacher, Lange

MOTION:      AMEND SB 175

o-175
     Delete everything after the enacting clause and insert:

"      Section  1.  That § 49-28A-3 be amended to read as follows:

     49-28A-3.   The state hereby adopts Title 49 of the Code of Federal Regulations, subtitle B, chapter I, subchapter C, parts 171 through to 180, inclusive, October 1, 1993, as amended through January 1, 1995 1997 , and Title 49 of the Code of Federal Regulations, subtitle B, chapter III, subchapter B, parts 390 through to 397, inclusive, October 1, 1993, as amended through January 1, 1995 1997, with the following modifications:

             (1)    All references to interstate operations shall also include intrastate operations except that drivers and motor carriers operating intrastate vehicles and combinations of vehicles with three axles or less or with a gross vehicle weight rating of not more than twenty-six thousand pounds which are not used to transport hazardous materials requiring placarding under 49 C.F.R. part 177, or designed to transport more than fifteen passengers, including the driver, are not subject to parts 390-397;

             (2)    For the purposes of part 391.11(b)(1), a driver shall be at least twenty-one years old if engaged in interstate commerce, or transporting hazardous material of a type or quantity requiring placarding under 49 C.F.R. part 177, or operating a vehicle designed to transport more than fifteen passengers, including the driver. All other drivers shall be at least sixteen years of age;

             (3)    Intrastate drivers not satisfying the physical requirements of part 391.41 shall make application with the South Dakota Department of Commerce and Regulation for a waiver in order to operate a commercial motor vehicle intrastate .

Any violation of parts 390 to 396, inclusive, the motor carrier safety requirements governing the qualifications of drivers, driving of motor vehicles, parts and accessories necessary for safe operation, notification and reporting of accidents, assistance with investigations and special studies, hours of service of drivers, inspection, repair and maintenance is a Class 2 misdemeanor. Any

violation of parts 171 to 180, inclusive, or part 397, the hazardous materials regulations pertaining to general information, regulations and definitions, hazardous materials tables, hazardous materials communication regulations, shippers requirements for shipments and packaging, carriage by rail, carriage by aircraft, carriage by vessel, carriage by public highway, shipping container specifications, specifications for tank cars, qualification and maintenance of cargo tanks, and driving and parking rules for the transportation of hazardous materials and test and inspection marking requirements found in parts 171, 172, and 178 to 180, inclusive, is a Class 2 misdemeanor. Any violation of the hazardous materials regulations pertaining to packaging, prohibited shipments, loading and unloading, segregation and separation, retesting and inspection of cargo tanks, and other carriage by regulations found in parts 173 to 180, inclusive, or violation of the driving and parking rules in part 397, is a Class 1 misdemeanor. "



Moved by:      Senator Shoener
Second by:      Senator Flowers
Action:      Prevailed by voice vote.

MOTION:      TO AMEND TITLE OF SB 175

o-175t
     On page 1 , line 1 , delete " allow solid waste haulers an additional tolerance from " and insert " provide for the regulation of certain intrastate motor carriers. " .

     On page 1 , delete line 2 .


Moved by:      Senator Shoener
Second by:      Senator Vitter
Action:      Prevailed by voice vote.

DEFER SB 175 UNTIL Tuesday, February 11, 1997.


          SB 184:   to revise certain provisions pertaining to motor vehicle titling and registration and to provide penalties for certain violations.

Proponents:      Debra Hillmer, Dept. Of Revenue
          R Van Johnson, SD Automobile Dealers Assn
Opponents:      Shelly Pfaff, SD Coalition of Citizens with Disabilities
Presented by:      Senator Rounds, Prime Sponsor

MOTION:      AMEND SB 184

o-184
     On page 3 , line 11 , delete " Class 6 felony " and insert " Class 1 misdemeanor " .

     On page 3 , line 23 , delete " Class 6 felony " and insert " Class 1 misdemeanor " .

     On page 4 , line 14 , delete " Class 6 felony " and insert " Class 1 misdemeanor " .


Moved by:      Senator Lange
Second by:      Senator Albers
Action:      Was not acted on.

MOTION:      DEFER SB 184 UNTIL February 11, 1997 with pending amendment.

Moved by:      Senator Flowers
Second by:      Senator Lange
Action:      Prevailed by roll call vote.   (7-0-0-0)

Voting yes:      Staggers, Shoener, Albers, Vitter, Flowers, Hutmacher, Lange

          SB 182:   to modify the procedure for issuing a driver's license or nondriver identification card.

Presented by:      Pam Kusler, Dept. Of Commerce and Regulation

MOTION:      DEFER SB 182 UNTIL February 11, 1997.

Moved by:      Senator Flowers
Second by:      Senator Lange
Action:      Prevailed by voice vote.

          HB 1035:   to revise certain provisions pertaining to the regulation of vehicle dealers and snowmobile dealers.

Proponents:      Representative Napoli
Presented by:      Debra Hillmer, Dept. Of Revenue

MOTION:      DEFER HB 1035 UNTIL February 13, 1997.

Moved by:      Senator Lange
Second by:      Senator Shoener
Action:      Prevailed by voice vote.

MOTION:      ADJOURN

Moved by:      Senator Lange
Second by:      Senator Shoener

Action:      Prevailed by voice vote.



Cindy Nickels

_________________________________

Committee Secretary
Kermit Staggers, Chair

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